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HomeMy WebLinkAbout1991-04-15 Regular MinutesApril 15, 1991 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN COMMENTS EXECUTIVE SESSION 7:05 p.m. 7:25 p.m. CONSENT AGENDA *Consent Agenda Corrected 11/6/91 See page 5 TUKWILA CITY COUNCIL (None) b. Regular Meeting MINUTES a. Approval of Minutes: April 1, 1991 Tukwila City Hall Council Chambers In the absence of Mayor VanDusen, Council President Robertson called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; DENNIS ROBERTSON, Council President; JOAN HERNANDEZ; CLARENCE MORIWAKI; ALLAN EKBERG; JOHN RANTS. MOVED BY DUFFIE, SECONDED BY RANTS, TO EXCUSE MAYOR VANDUSEN. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY MORIWAKI, TO EXCUSE COUNCILMEMBER LAWRENCE. MOTION CARRIED. MIKE KENYON, City Attorney; MIKE ALDERSON, Assistant Fire Chief; RICK BEELER, Director of Community Development; ALAN DOERSCHEL, Finance Director; ROSS EARNST, Public Works Director; TED FREEMIRE, Public Works Supervisor, Division I; REBECCA FOX, Associate Planner. MOVED BY RANTS, SECONDED BY MORIWAKI, TO AMEND THE AGENDA AND ADJOURN TO EXECUTIVE SESSION FOLLOWING CITIZEN COMMENTS. MOTION CARRIED. Mayor ProTem Robertson called the meeting back to order with Councilmembers in attendance as listed above. Councilmember Rants requested item 5c on the Consent Agenda be removed for discussion under New Business. Approval of Vouchers General Fund 169,913.44$ City Street 17,710.03 Arterial Street 201,342.23 Land Acq., Building, Dev. 15,559.81 Facility Replacement (302) 255.00 Water Fund 7,533.10 Sewer Fund 75,779.96 Water /Sewer Construction 0.00 Foster Golf Course 17,151.18 Surface Water (412) 7,586.36 Equipment Rental 36,057.26 Firemen's Pension 158.43 LID #32 (732) 54.45 TOTAL 549,101.25 MOVED BY MORIWAKI, SECONDED BY DUFFLE, TO APPROVE THE CONSENT AGENDA AS READ. MOTION CARRIED. Councilmember Moriwaki requested time be allowed for Councilmember Rants to speak about his trip to Ikawa, Japan, as a member of Sister Cities. Councilmember Ekberg and Legislative Analyst Lucy Lauterbach also made the trip. Rants briefly recounted his experience and recommended visiting Tokishima City and the Prefecture capital. Councilmember Ekberg commented that people in Japan are very gracious. He felt many friendships were established during their visit. Rants, Ekberg, and the Mayor of Ikawa planted Minutes Regular Meeting April 15, 1991 Page 2 BID AWARDS PUBLIC HEARINGS Increase in Water Rates Hearing Closed 7:58 p.m. r three hazelnut trees in honor of the cities' friendships. A new park was built by the Japanese group in honor of that friendship and an engraved granite stone was dedicated Rants and Ekberg brought back gifts from their hosts to the City, Mayor, and Councilmembers. Mike Alderson, Assistant Chief, explained that this vehicle is a replacement vehicle, not an addition equipment purchase. MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO AWARD A CONTRACT TO C.L. KIRK CO., INC., IN THE AMOUNT OF $69,772 FOR PURCHASE OF ONE FIRE DEPARTMENT AID CAR. MOTION CARRIED. The hearing was opened at 7:35 p.m. Public Works Director Ross Earnst gave a visual presentation of the utility budget which showed the increases /decreases from 1985 to present. He introduced the proposed rate increases noting that Seattle has raised its rates to Tukwila approximately 30 -35 percent this year. Maintenance and operations costs have increased as well. Debt service has increased approximately 49 percent. The overall budget has increased 30 percent. In his presentation, Mr. Earnst showed the effect of the rate increase in summer/winter rates for residential, multi family, and commercial accounts. He noted that connection charges for new customers have increased considerably. Councilmember Rants suggested that with the increase in rates, senior citizens again be advised that they are entitled to a 50 percent discount. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City of Tukwila, Washington, amending TMC 14.04.071; TMC 14.04.240 Sections (a), (b), (c); TMC 14.04.250 Section (d); TMC 14.04.320; and TMC 14.04.330 Sections (d)(1) and (2) relating to regular connection charge, metered water rates, fire protection service, City fire hydrant supply and temporary water meters. MOVED BY DUFFIE, SECONDED BY MORIWAKI, THAT ORDINANCE NO.1594 BE ADOPTED AS READ. Councilmember Ekberg commented that this issue was discussed at two separate Utilities Committee meetings. Councilmember Moriwaki added he was disturbed about the cost overrun of the reservoir. *MOTION CARRIED. Request for Waiver to Ord.1550 The public hearing was opened at 8:05 p.m. Rick Beeler explained (moratorium) GenCor Develop. that the request is to enable the applicant to file and have processed an application for rezone from professional office to retail at property located at 5900 Southcenter Boulevard. The property is affected by the moratorium relative to the rezone application because there are some steep slopes on the site. The applicant's building permit application for an office building is vested The permit is in the City's review process at this time. The waiver does not affect the office building permit unless the applicant chooses to modify the building in some way where it would require another review by the BAR or SEPA. Leon Grunstine, GenCor Development, 750 6th Street So., Kirkland 98033, explained that he believes approving the waiver is in the best interests of both the potential use of the property and use of staff /commission time. The applicant is not requesting any change in design. Minutes Regular Meeting April 15, 1991 Page 3 Public Hearing (con't) Hearing Closed -8:15 p.m. NEW BUSINESS Foster /Gilliam Creek Stream Enhancement Program Preliminary Design Services Contract Public Works Director Ross Earnst explained $50,000 has been budgeted for the enhancement of both Fostoria and Gilliam Creek. This request is for the Fostoria Creek program only; a process was held by which a consultant was selected to do the preliminary design work ($35,000). MOVED BY EKBERG, SECONDED BY RANTS, TO GRANT THE WAIVER FROM THE MORATORIUM TO PERMIT PROCESSING OF A REZONE APPLICATION FROM PROFESSIONAL OFFICE TO NEIGHBORHOOD RETAIL SUBJECT TO THE APPLICANT FILING AN AGREEMENT TO CONFORM TO THE ADOPTED SENSITIVE AREAS ORDINANCE AND TO PROCESS THE APPLICATION AT THE APPLICANT'S OWN RISK AND EXPENSE.* To answer Council's questions, Rick Beeler clarified that the applicant is not going to change the building. The only thing that will change will be the use inside the building. The building permit is for a certain building. If the rezone is approved, instead of offices, retail would be allowed. Attorney Kenyon explained that if the structure for which the building permit has been submitted is vested to the extent there is a change in the zoning that would allow the applicant to undertake a different use, then that use remains vested so long as the modification to the structure for the now rezoned use does not require an additional building permit. Not every structural modification requires a building permit. It is not known what the applicant intends to do with the interior of the structure if the rezone is granted; but if the interior of the structure will be modified so slightly compared to the plans that have been submitted, then the use remains vested. If a new building permit is required in order to accommodate the change in interior structure due to the change in use, vesting can be lost. Councilmember Robertson asked the applicant to explain the hardship he would occur if the waiver were denied and he were asked to wait until the SAO is completed. Mr. Grunstine responded that costs of the project to date have made projected rental fees too costly for an office building at this site, and thereby making it difficult to obtain a bank loan. There is also the possibility that the property will be sold. He estimated that a 90 day delay in applying for a rezone would cost him approximately $20,000. Councilmember Moriwaki asked the applicant to explain why there is hardship to him if the structure can be used for either use with little or no modifications to the interior. Mr. Grunstine replied that the structure itself can be used for either C -1 or PO zoning; however, as an example, under the present zoning he would be unable to put in a video store (change in use). Councilmember Duffle stated he was not in favor of granting the waiver. Councilmember Hernandez added she felt the criteria for hardship had not been met. Councilmember Rants commented that the real criteria is granting the waiver to move forward with the rezone which might take until the SAO is completed. Council President Robertson spoke for the motion stating there appears to be some loss to the applicant but no loss to the City. *TIE VOTE. MOTION FAILS WITH DUFFIE, HERNANDEZ, MORIWAKI VOTING NO; EKBERG, ROBERTSON, RANTS VOTING YES. Minutes Regular Meeting April 15, 1991 Page 4 New Business (con't) Recycling Ordinance REPORTS MOVED BY RANTS, SECONDED BY EKBERG TO AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH KRAMER, CHIN MAYO, INC., FOR PRELIMINARY DESIGN SERVICES. MOTION CARRIED. Council President Robertson distributed a letter submitted by Scott Nangle on the recycling issue. Councilmember Rants asked for more specifics on the program. Rebecca Fox, Associate Planner, explained that a drop off site will be set up at Bow Lake which will be free of charge for recycled items. King County will be conducting a survey approximately four times a year to help the City determine how the program is working. Rants questioned the costs involved and asked whether we can make it convenient for people to recycle without incurring additional costs. Ms. Fox responded that the program goal is to keep the rates as low as possible, no more than and preferably less than the current one can rate. The rates, set by the state, for the mini can plus recycling is slightly lower than the current one can rate. Also, the one can rate plus recycling is less than the current two can rate. At the present time there are no specific rate provisions for senior citizens. The rate seniors are currently paying will be used to determine their recycling rate. Councilmember Ekberg added that although we have to contract with the existing haulers for a period of time, the program will be re- evaluated in the future and at that time other options will be investigated. Councilmember Duffie emphasized that at the present time this is a voluntary program. It could become mandatory in the future. He encouraged residents to join in the program. Councilmember Moriwaki added that this program is a way of protecting our environment. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Kenyon read an Ordinance of the City of Tukwila, Washington, creating a new Tukwila Municipal Code Title 22 Solid Waste and Recycling, relating to solid waste management, and creating a new Tukwila Municipal Code, Chapter 22.04, establishing standards and collection service levels, providing for severability, and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY DUFFIE, THAT ORDINANCE NO.1595 BE ADOPTED AS READ. MOTION CARRIED. Councilmember Hernandez reported the Finance and Safety Committee will be discussing a contract for services with the Chamber of Commerce at their meeting on April 16. Councilmember Moriwaki reported he will participate as a reader in a national program entitled, Nieht of a Thousand Stars. at the Tukwila Library on April 17. Council President Robertson reminded the Council and audience of the public hearings on the proposed Sensitive Areas Ordinance to be held April 22 and 24 at 7:00 p.m. in council chambers. Councilmember Duffie reported he assisted the Rotary with the planting of 400 trees along 1-5 last weekend. Councilmember Rants added that 200 trees were also planted at Tukwila Elementary. Councilmembers Rants and Ekberg and Legislative Analyst Lucy Lauterbach just returned from a two week trip to Tukwila's Sister City, Ikawa, Japan. They were presented with gifts for the City, Mayor and Councilmembers. ADJOURNMENT MOVED BY DUFFIE, SECONDED BY RANTS TO ADJOURN. 9:12 p.m. MOTION CARRIED. Consent Agenda Gary L. rn I7usen, Mayor Jane/E. Cantu, City Clerk f -r Correction to The following Consent Agenda items were inadvertantly Consent Agenda left out of the official minutes of the April 15, 1991 11/6/91 Regular Council Meeting. They were approved as part of the motion on Page 1 c. An ordinance establishing standards and collection service levels for recycling and solid waste. d. Purchase of right -of -way on So. 160th St; authorize Mayor to execute purchase agreement. e. Accept Associated Grocers Development Agreement; authorize Mayor to execute agreement. Jane E. Cantu, City Clerk